Daily Times

Dealing a blow to the current government’s efforts against Sharif family, the Interpol refused to issue red warrants for the arrest and extradition of Hussain Nawaz Sharif.

Official papers affirm that Interpol’s commission, comprising of five members and headed by its chairperson, during its 10th session, made the decision to reject the application made by the Pakistani government, requesting red warrants against Hussain Nawaz.

Further, these papers reveal that Pakistani authorities made a strong case against Nawaz Sharif, Maryam Nawaz and Captain (retd.) Safdar, based on the recent court verdict, however, it failed to convince the Interpol for the issuance of red warrants against the oldest son of the former prime minister.

Islamabad made representations through the Interpol’s National Central Bureau (NCB), present at the country’s capital.

Numerous documents were produced by both the parties in favor of their respective cases but the final verdict was based on an 11-page document that provided the summary of arguments of both the sides. It was held that the NCB failed to produce “sufficient evidence” linking Hussain Nawaz with the charges made against him in the application seeking the red warrants.

The Commission’s decision reads: “The Commission finds that the NCB of Pakistan has not provided sufficient facts that specifically link the wanted individual to the charges against him and it is not able to confirm that the data registered would be in compliance with Interpol’s rule and in view of the Article 83 of the PRD.”

It added: “For the reasons, the Commission decides that the data concerning the applicant are not compliant with Interpol’s rules applicable to the proceeding of personal data and that they shall be deleted from Interpol’s files.”

It noted: “However, the applicant’s personal and specific role in the offense forming the base of the Red Notice request remains unclear even after further elements were provided by the NCB of Pakistan.”

A local news channel witnessed the full volume of the dialogue between the Pakistani government and the Interpol. It shows that on 22 January 2018, Hussain Nawaz initially requested access to Interpol’s files, and then subsequently made a complaint addressed to the Commission for the control of Interpol files on 11 July 2018. His request was made admissible in accordance with Rule 20 of the operating rules of the Commission on 13 August 2018.

The Commission consulted the NCBs of Pakistan and the UK and the Interpol General Secretariat (IPSG) in accordance with Article 34 of the CCF statute.

The Commission informed Hussain Nawaz on 2 August 2018 that the NCB of Pakistan requested a Red Notice and the Commission informed the Applicant on 2 October 2018 that he is wanted through Interpol’s channels by Pakistan. The incumbent government stated in its application that Hussain Nawaz “is the subject of a Red Notice request from Pakistan for ‘accumulation of assets beyond a known source of income’ on the basis of an arrest warrant issued on 10 July 2018 by the judge accountability court No. 1, Islamabad”.

Pakistani government told Interpol that Hussain Nawaz didn’t appear before the accountability court and was declared proclaimed offender by the accountability court through an order dated 15.11.17.

It said, “During the course of investigation conducted it is found that the accused Nawaz Sharif being a public office holder owned Avenfield apartments and properties flats bearing 16, 16-1, 17 and 17-A beyond its known sources of income and shown to be acquired the same in the name of accused Hussain Nawaz Sharif (since declared proclaimed offender) of which the accused Maryam Nawaz was made as the trustee, which from record and forensic report has been proved to be fake and fabricated, by this way the accused and Hussain being benamidaar aided, abetted and conspired and coincided themselves with Nawaz Sharif in commission of offence”.

The Pakistan NCB told the Interpol that a reference was filed against Nawaz Sharif in accountability court 1, Islamabad, as the accused never appeared before accountability court and then he was declared as a proclaimed offender in absence dated 15/11/2017.

Hussain Nawaz, responding, requested the detention of the data concerning him, contending in essence: the proceedings don’t respect the principles of due process and human rights, the case is of a predominantly political character, the prosecution lacks any evidentiary basis.

While considering the case of both sides, the Interpol noted that article 3 of its constitution strictly prohibited it to undertake any intervention or activities of a political character.

Hussain Nawaz informed the Commission that it was well established that the proceedings against the accused person’s family in the accountability court had been carried out in an arbitrary fashion. Based on this, he argued that he too did not expect a fair trial.

In step with the article 10-A of Pakistan Constitution of 1973, the NCB informed the Commission that the young Nawaz will be entitled to a fair trial and due process.  It further added that allegations of Hussain Nawaz are baseless and that Nawaz Sharif, Maryam and her husband have enjoyed full rights during and after the trial. The Commission was also informed that how Pakistani authorities sent him summons on UK address to attend the trial but he deliberately ignored the invitations, thus insulting the court.

On the issue of human rights, the Commission noted that it was not its role to “assess a country’s law enforcement or judicial system but to examine the compliance of the data with Interpol’s rules on the basis of specific information related to the request.”

Hussain Nawaz upheld that proceedings against his family were politically motivated – an attempt to soil the Sharif family’s, and consequently, the PML-N’s reputation – to the advantage of Imran Khan.

The CNB countered by saying that the young Nawaz’s allegations hold no water and are aimed at avoiding the prosecution process in Pakistan. It reiterated that Nawaz Sharif was tried through a fair process and all obligations were met.

Contrarily, the NCB of the UK explained it didn’t have any ongoing proceedings against Hussain Nawaz.

Hussain Nawaz claimed that the prosecution failed to bring positive evidence on record to prove any shady connections between the income and the price of the apartments at the relevant time.